Dealing with sexual harassment in the workplace

According to a 2023 Office for National Statistics Report, one in 10 people aged 16 years and over has encountered at least one form of harassment that has left them upset, distressed, or threatened in the previous 12 months as reported. Furthermore, just over a quarter (26 per cent) of those said they had experienced harassment at their place of work. These numbers reflect just those reporting or acknowledging this behaviour, so the real figures are likely to be higher. Here we take a snapshot of what sexual harassment is generally defined as, the most common types within the workplace, what employers should be doing, and where can guidance be sought.

What is sexual harassment?

Sexual harassment is broadly defined by ACAS as “unwanted behaviour of a sexual nature that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It can occur in personor online and can be carried out by anyone of the same sex, another sex, or any sexual orientation.” 

If we’re drilling this down into the workplace, the definition continues: “The law protects individuals against sexual harassment at work, and employers have a duty to prevent such behaviour.”

In short, if an employee feels at all threatened, violated, or embarrassed under this definition, they have the right to raise a complaint with their employer.
 

Examples of sexual harassment

Sexual harassment at work – whether that’s in an office space, online meeting, breakout area, social media, car park or at after-work socialising and events – is a problem, and not something to be tolerated or ignored. It may be a one-off incident or an ongoing pattern of behaviour form one person or a group. Examples include:

• Making sexual remarks about someone's body, clothing, or appearance
• Asking questions about someone's sexual and/or personal life
• Telling sexually offensive jokes
• Making sexual comments or jokes about someone's sexual orientation or gender reassignment
• Displaying or sharing pornographic or sexual images, or other sexual content
• Touching someone against their will, for example hugging them without consent
• Sexual assault or rape

What some may label as a joke or 'banter'… or even part of a workplace culture, this can still be considered sexual harassment.

This is often directed at one person, but there can be a behavioural culture that goes much wider than that, like sharing sexual images or focussing on the personal appearance of a group via a WhatsApp or other chat group. And this could well be classified as a valid sexual harassment complaint – for one or all of those being targeted.

What does the law say?

The Worker Protection (Amendment of Equality Act 2010) has already provided existing protection for workers against sexual harassment. This has now been strengthened, and as of October 2024, employers are legally required to take ‘reasonable steps’ to prevent sexual harassment, and tribunals can 
increase compensation by up to 25 per cent if they find an employer has breached this duty. 

At the time of the law being updated, in response to the law change, Anneliese Dodds, Minister for Women and Equalities (as of October 2025), said: “This government is determined to ensure that we not only ‘Make Work Pay’, [but that] we also make work safe. Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.”

Sexual harassment is unwanted behaviour of a sexual nature. The law (Equality Act 2010) protects the following people against sexual harassment at work:

• employees and workers
• contractors and self-employed people hired to personally do the work
• job applicants

What is the responsibility of employers?

Employers now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment. This includes anticipating when sexual harassment may occur and taking steps to prevent it. 
If sexual harassment has taken place, employers should take action to stop it from happening again. 

But beyond this, employers must take steps to prevent sexual harassment happening in the first place. Employers can be held responsible for the actions of employees. This is called vicarious liability. Employers also have a responsibility – a 'duty of care' – to look after the wellbeing of their employees. Not doing this could lead to a serious breach of an employee's employment contract. If an employee feels they have no choice but to resign, the employer could face a claim of sexual harassment and constructive dismissal.

Anyone who sexually harasses someone at work is also responsible for their own actions. Discrimination complaints and employment tribunal claims can be made against individuals as well as employers.

How Howden can help

Our guidance and recommendation would be to implement a watertight sexual harassment policy and provide training to all employees from an education perspective without delay.

For a detailed look into the sexual harassment legislation, what businesses need to know, and how Howden’s HR specialists can support your initiatives and offer specific training, speak to the team today: